In re Shawn Bean--Appeal from 175th Judicial District Court of Bexar County

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: January 22, 2003

PETITIONS FOR WRITS OF MANDAMUS DENIED

On December 6, 2002, relator Shawn Bean filed two petitions for writ of mandamus, alleging he has been arrested and charged with criminal trespass and assault on a public servant, and that the cases have been filed in the 175th Judicial District Court, Bexar County, Texas, in which Judge Mary Rom n presides. Bean further alleges he filed an application for writ of habeas corpus on October 15, 2002 in one case and on October 24, 2002 in the other, and that the trial judge has failed or refused to act on the applications.

Because Bean failed to provide this court any record from which we may determine whether mandamus relief is appropriate, we ordered him to file a supplement to his petitions containing certified or sworn copies of (1) his applications for writs of habeas corpus, and (2) all documents reflecting Bean's efforts to obtain a hearing or a ruling on the applications. . See Tex. R. App. P. 52.3(j), 52.7(a). Bean filed a supplement containing copies of his applications for writ of habeas corpus.

Bean has not shown that he has made any attempts to obtain either a hearing or a ruling on the applications and thus not shown the trial judges have refused to issue a writ of habeas corpus. He is therefore not entitled to mandamus relief. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); Von Kolb v. Koehler, 609 S.W.2d 654 (Tex. App. - El Paso 1980). Moreover, it appears the applications for writs of habeas corpus were not properly filed. The criminal trespass charge against Bean is filed as cause number 828481 in the County Court at Law Number 9, Bexar County, Texas, in which the Honorable Oscar Kazen presides. However, Bean filed his application for writ of habeas corpus regarding this charge in the 175th Judicial District Court, Bexar County, Texas. The charge against Bean for assault on a public servant is filed as cause number 2002 CR 8170 in the 175th Judicial District Court, Bexar County, Texas; however, Bean's application for writ of habeas corpus states the cause number as 2002-CR 732036.

The court has considered relator's petitions and supplemental petitions for writs of mandamus, and is of the opinion that relief should be denied. See Tex. R. App. P. 52.8(a). Accordingly, relator's petitions for writs of mandamus are denied.

No costs shall be assessed against relator because he is indigent.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judges, and the trial court clerks.

PER CURIAM

Publish

1. These original proceedings arise out of Cause No. 828481, State of Texas v. Shawn Bean, pending in the County Court at Law No. 9, Bexar County, Texas, the Honorable Oscar Kazen presiding, and Cause No. 2002-CR-8170, State of Texas v. Shawn Bean, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Rom n presiding.